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Intellectual Property in Poland

Intellectual Property in Poland

Intellectual property in Poland represents the exclusive rights acknoledged by the law for the creations of a person’s mind. This person’s work can be translated into artistic, musical or design pieces.  Discoverers and investors are also given attribution for their work by the Polish law.  Basically every person that creates something unique is given the opportunity to register his work and therefore can benefit from the given rights stated in the Polish intellectual property law

Poland’s law regarding the intellectual property rights is alligned with the international regulations. Furthermore, the country is a World Intellectual Property Organization (WIPO) member and a signatory of several important international treaties on the this matter.

The law regarding intellectual property in Poland  is stated in the following acts:

Copyright and Related Rights Act

This Act offers protection to any item that can be recognized as “work” with the meaning of a creative activity. Copyright in Poland extends only to items that can be included in the category above. The two kinds of property rights that this work generates can be personal and economic.  The difference between them is that personal rights belong to the author and cannot be transferred  while economic rights in Poland can be transferred and expire after a certain period of time (70 years after the author’s death).

You can talk to our lawyers if you wish to know how to include your intellectual property rights in a will in Poland.

Industrial Property Law Act

The industrial field, important in the eyes of investors interested in opening a business in Poland is offered protective rights, in registration and patents. The Polish Patent Office is responsible for protection of rights as: inventions, trademarks, geographical indications, topography of integrated circuits.

A patent represents the right for protecting an invention. This intellectual property right in Poland belongs either to the creator or to its employer if it was made under a contract’s provisions. The protection can be granted for maximum 20 years since the registration. For the industrial designs, the protection rights are given for up to 25 years. For trademarks and utility models protection is offered for 10 years and can be prolonged for consecutive 10 year periods. Geographical indications and names of origin are protected indefinitely. 

It is advisable for non-resident companies and foreign individuals to receive the legal advice offered by a Polish attorney in order to facilitate the communication with the Patent Office. Our law firm in Poland can provide further details you need regarding your intellectual property rights.